Terms of Service
Last Updated: 5/2/2017
Payment processing services for restaurants on the Elmo's Pizza & Subs Platform are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the "Stripe Services Agreement"). By agreeing to these terms or continuing to operate as a account owner on Elmo's Pizza & Subs, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Elmo's Pizza & Subs enabling payment processing services through Stripe, you agree to provide Elmo's Pizza & Subs accurate and complete information about you and your business, and you authorize Elmo's Pizza & Subs to share it and transaction information related to your use of the payment processing services provided by Stripe.
- Your dashboard.myelmos.com Account. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Elmo's Pizza & Subs of any unauthorized uses of your account or any other breaches of security. Elmo's Pizza & Subs will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. Elmo's Pizza & Subs may from time to time take measures Elmo's Pizza & Subs considers appropriate to manage the Website. Elmo's Pizza & Subs will advise you of any such change. Elmo's Pizza & Subs may also from time to time change its policies on offering commercial content or displaying advertising, and it may do this without notice. However, Elmo's Pizza & Subs may post blog entries about its policy changes, and you may wish to check the blog for Elmo's Pizza & Subs's announcements about any such changes. By registering for our service you acknowledge and accept that we will use email, text message, and phone calls to provide alerts and updates regarding your purchases. Elmo's Pizza & Subs is not responsible for any charges incurred via these alerts.
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not obscene or libelous, and does not violate the privacy or publicity rights of any third party; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Elmo's Pizza & Subs or otherwise.
- Without limiting any of those representations or warranties, Elmo's Pizza & Subs has the right (though not the obligation) to, in Elmo's Pizza & Subs's sole discretion (i) refuse or remove any content that, in Elmo's Pizza & Subs's reasonable opinion, violates any Elmo's Pizza & Subs policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Elmo's Pizza & Subs's sole discretion. Elmo's Pizza & Subs will have no obligation to provide a refund of any amounts previously paid.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which dashboard.myelmos.com links, and that link to dashboard.myelmos.com. Elmo's Pizza & Subs does not have any control over those non-Elmo's Pizza & Subs websites and webpages, and is not responsible for their contents or their use. By linking to a non-Elmo's Pizza & Subs website or webpage, Elmo's Pizza & Subs does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Elmo's Pizza & Subs disclaims any responsibility for any harm resulting from your use of non-Elmo's Pizza & Subs websites and webpages.
- Copyright Infringement and DMCA Policy. As Elmo's Pizza & Subs asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by dashboard.myelmos.com violates your copyright, you are encouraged to notify Elmo's Pizza & Subs in accordance with Elmo's Pizza & Subs's Digital Millennium Copyright Act ("DMCA") Policy. Elmo's Pizza & Subs will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Elmo's Pizza & Subs or others, Elmo's Pizza & Subs may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Elmo's Pizza & Subs will have no obligation to provide a refund of any amounts previously paid to Elmo's Pizza & Subs.
- Trademarks. Elmo's Pizza & Subs, dashboard.myelmos.com, the dashboard.myelmos.com logo, and all other trademarks, service marks, graphics and logos used in connection with dashboard.myelmos.com, or the Website are trademarks or registered trademarks of Elmo's Pizza & Subs or Elmo's Pizza & Subs's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Elmo's Pizza & Subs or third-party trademarks.
- Changes. The Website, including without limitation all content there available and these Terms and Conditions, may be changed at the sole discretion of Elmo's Pizza & Subs and without notice. You are bound by any such updates or changes, including but not limited to those affecting these Terms and Conditions, and so should periodically review these Terms and Conditions.
- Limitation of warranties of Elmo's Pizza & Subs, its suppliers and its licensors. Except as otherwise expressly stated, all content posted to or available from the Website is provided "as is", and Elmo's Pizza & Subs, its suppliers and its licensors make no representations or warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title or non-infringement of proprietary rights. You understand and agree that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk, and that Elmo's Pizza & Subs, its suppliers and its licensors will have no liability or responsibility for any damage to your computer system or data that results from the download or use of such content or services. Some jurisdictions may not allow the exclusion of implied warranties, so some of the above may not apply to you.
- Limitation of liability of Elmo's Pizza & Subs, its suppliers and its licensors. Except as otherwise expressly stated, in no event will Elmo's Pizza & Subs, its suppliers or its licensors be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, regardless of the basis or nature of the claim, resulting from any use of the Website, or the contents thereof or of any hyperlinked website including without limitation any lost profits, business interruption, loss of data or otherwise, even if Elmo's Pizza & Subs, its suppliers or its licensors were expressly advised of the possibility of such damages. In no event will the aggregate liability for any and all of your claims against Elmo's Pizza & Subs, its suppliers and its licensors arising out of or related to use of the Website, or the contents thereof or of any hyperlinked website exceed the amounts actually paid by you to Elmo's Pizza & Subs during the 12-month period prior to the date a claim is made. Some jurisdictions may not allow the exclusion or limitation of liability for certain incidental or consequential damages, so some of the above limitations may not apply to you. The parties agree that this Section 11 represents a reasonable allocation of risk.
- Indemnification. You agree to defend, indemnify and hold harmless Elmo's Pizza & Subs, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to out of your violation of any representation or warranty contained in these Terms and Conditions.
- INDEMNITY. Elmo's Pizza & Subs's Potential Liability for the Website is Limited. NEITHER Elmo's Pizza & Subs NOR ANY OF ITS OFFICERS, DIRECTORS, AGENTS, SUBSIDIARIES, AFFILIATES, EMPLOYEES, SUCCESSORS, ASSIGNS, CONTENT PROVIDERS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THIS WEBSITE AND THE MATERIAL CONTAINED HEREIN, OR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE. Elmo's Pizza & Subs WILL NOT BE LIABLE FOR ANY MATERIAL OF WEBSITES IT LINKS TO OR FOR INFORMATION CONTAINED IN OR PART OF THE WEBSITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF Elmo's Pizza & Subs, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, AND CONTENT OR SERVICE PROVIDERS IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW.
Copyright Claims. Pursuant to the Digital Millennium Copyright Act, Elmo's Pizza & Subs has designated the person listed below as its agent to receive notifications of alleged copyright infringement on the Website:
Elmo's Pizza & Subs
1800 Magnavox Way
Fort Wayne, IN 46804
If you think any material contained in this Website infringes your copyright, you should notify the above-designated agent of your copyright infringement claim. Such notification must include the following information:
- A description of the copyrighted work that is the subject of claimed infringement;
- A description of the infringing material and information sufficient to permit Elmo's Pizza & Subs to locate the alleged material;
- Contact information for you, including your address, telephone number and/or e-mail address;
- A statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law;
- A statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and
- A physical or electronic signature of the copyright owner or a person authorized to act on the owner's behalf.
If you fail to include all of information the processing of your claim may be delayed.
These Terms and Conditions constitute the entire agreement between Elmo's Pizza & Subs and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Elmo's Pizza & Subs, or by the posting by Elmo's Pizza & Subs of a revised version. Except to the extent applicable law, if any, provides otherwise, these Terms and Conditions, any access to or use of the Website will be governed by the laws of the state of Pennsylvania, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Montgomery County, Pennsylvania. If any part of these Terms and Conditions is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of these Terms and Conditions or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under these Terms and Conditions to any party that consents to, and agrees to be bound by, its terms; Elmo's Pizza & Subs may assign its rights under these Terms and Conditions without condition. These Terms and Conditions will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.